The Biological Diversity Act, 2002 (BDA) was enacted to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and traditional knowledge.
Features:
The Act prohibits any person or organisation from obtaining any biological resource, occurring in India for its research or commercial utilisation, without prior approval from the National Biodiversity Authority.
The act envisaged a three-tier structure to regulate the access to biological resources:
The National Biodiversity Authority (NBA)
The State Biodiversity Boards (SBBs)
The Biodiversity Management Committees (BMCs) (at local level)
The act stipulates all offences under it as cognizable and non-bailable.
Amendments Made in Biodiversity Bill 2021
The Lok Sabha passed the Biological Diversity (Amendment) Bill, 2021, amending the Biological Diversity Act, 2002.
The Bill aimed to address problems and ease compliance burdens related to the Act while promoting the benefit of tribes and vulnerable communities from medicinal forest products.
The amendments exempt registered AYUSH medical practitioners and individuals accessing traditional knowledge from prior intimation to State biodiversity Boards to access biological resources for certain purposes.
Environmental organizations expressed concerns that the amendments might benefit AYUSH firms and lead to "bio piracy".
The Bill decriminalizes certain offenses and replaces them with monetary penalties.
A Joint Parliamentary Committee analyzed the amendment Bill, with concerns raised by some members about potential law abuse due to exemptions.
COMMENTS